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Judgment
Learned Government Pleader for Home has informed this Court that identical matters i.e., W.P (PIL).Nos.279 and 312 of 2017 have been disposed of by this Court on 08.03.2022.
The common order passed by this Court in W.P (PIL).Nos.279 and 312 of 2017 on 08.03.2022 is reproduced as under:-
“Learned counsel for the petitioners was fair enough in stating before this Court that the grievance of the petitioners has been redressed on account of G.O.Ms.No.63, dated 20.03.2018 and the same is reproduced as under:
“GOVERNMENT OF TELANGANA
ABSTRACT
Municipal Administration & Urban Development Department – Parking Policy for Hyderabad and Urban Areas of Telangana State – Regulation of Parking Fee in Commercial Establishments – Orders Issued.
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (Plg.II(1))
DEPARTMENT
G.O.Ms.No.63 Dated: 20.03.2018
Read the following: -
G.O.Ms.No.187, MA&UD, dated 07.07.2017
G.O.Ms.No.168, M.A., dated 07.04.2012
ORDER:-
In the G.O., 1st read above, Government have issued “Policy on Parking” to address various issues related to parking viz., Planning, Development, Operation, Management and Enforcement for the city of Hyderabad and other Urban Areas of Telangana. One of the objective of the Parking Policy is to regulate the parking charges.
As per the Building Rules issued in G.O. 2nd read above, adequate number of off-street parking spaces as specified in the said Building Rules will have to be provided by the owners of Commercial Establishments/Malls/Multiplexes to meet the demand generated by their employees and visitors. Whereas, it has come to the notice of the Government that huge parking fee is being collected in these commercial establishments irrespective of the duration of the parking, purpose of visit etc.
In view of the above, to rationalize and regulate the Parking Fee being collected in the commercial establishments/Malls/Multiplexes and to prevent misuse of parking by the outsiders and in the public interest, Government after careful examination of the matter hereby issued the following orders:
S.No.
Duration of Parking
Parking fee to be collected
1.
Up to first 30 minutes
Free i.e., no parking fee to be collected from any person.
2.
Above 30 minutes and up to 1 hour
Free if the person who has parked the vehicle produces bill to any amount in proof of having done shopping in the respective mall/multiplex. In case of other persons prescribed parking fee for the said duration may be collected.
3.
Above 1 hour
Free if the person who has parked the vehicle produces a bill/movie ticket to an amount which is more than the parking fee (in proof of having done shopping in the respective mall/multiplex) to be paid by him for the said duration. In case of other persons prescribed parking fee for the said duration may be collected.
The above orders shall come into force with effect from 01.04.2018 and same shall be scrupulously followed by all the concerned individuals/agencies who are maintaining the parking areas in the Commercial establishments/Malls/Multiplexes.Commissioner, Greater Hyderabad Municipal Corporation shall take necessary penal action against the concerned, if there are any deviation to the above orders.
(BY ORDER AND IN THE NAME OF THE GOVERNOR
OF TELANGANA)
ARVIND KUMAR
PRINCIPAL SECRETARY TO GOVERNEMNT”
The aforesaid G.O. provides for duration of parking and parking fee to be collected in the commercial establishments, malls and multiplexes.
In the light of the aforesaid, no further orders are required to be passed in the present public interest litigations.
Accordingly, the public interest litigations are disposed of. It is needless to mention that the respondents shall ensure strict compliance of the aforesaid G.O.Ms.No.63, dated 20.03.2018 issued by the State Government.
Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.”
In the light of the aforesaid, the present public interest litigation is also disposed of. The common order passed by this Court in W.P(PIL).Nos.279 and 312 of 2017 on 08.03.2022 shall be applicable mutatis mutandis in the present case also.
It is further clarified that the Greater Hyderabad Municipal Corporation and the police authorities shall take stern action against all those persons who are parking their vehicles on road instead of parking them in the parking spaces provided in the commercial establishments, malls, multiplexes, apartments etc. The space meant for parking in the buildings should be used exclusively for the purpose of parking only. The respondents shall also take stern action in accordance with law against those persons who are not providing parking spaces and who have converted the parking spaces for some other purpose.
Let a copy of the order passed by this Court in W.P (PIL).Nos.279 and 312 of 2017 dated 08.03.2022 be kept on record in the present case.
The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.